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View Diary: John Edwards, Trial Lawyers, and McDonald's Coffee (223 comments)

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  •  Here's my position (none)
    Repeal the 7th Amendment.  Whose with me?

    But until such time, it is  a Constitutional right.

    "We're not criticizing Bush for going after terrorists, we're criticizing him for NOT going after terrorists." - Wes Clark (hopefully in the future J. Kerry)

    by Armando on Sun Aug 01, 2004 at 06:02:51 PM PDT

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    •  that's not my point and you know it (none)
      My point is that merely because one jury awarded a fat award to the coffee lady, doesn't mean their cost-benefit calculus was correct, or even if they made one.  Juries get it wrong all the time, esp. will little white haired old lady plaintiffs are involved.
      •  also, the right to a jury (none)
        in civil cases does not apply to state courts, as you know.
      •  Now who's being disingenuous? (none)
        If the size of the award is what bothers you, don't bother.  Any jury award that is ridiculously high (and most that are not) is guaranteed to be reversed on appeal by a panel of comfortable judges that never saw the trial.  Their consciences are shocked by anything over the annual salary of a judge.
      •  Juries get it wrong... (none)
        Of course.

        So do lawyers.

        So do judges.

        Do you know anyone who doesn't?  No?  

        Good, then STFU.  Juries are--at least when not abusively distorted when empaneled--the worst judicial system ever devised.  Except for all the others.

        I'll take a jury over a hanging judge.  

        (After my own extended family watched a judge rape the intent of a deceased family member's will and trust... I got a button that read "Why rent a  alawyer when you can buy a judge?"  It's more cynical than I actually am... but it was clear to me then that one reason for a jury is that it's often... usually... harder to fix a jury.  Not that some in the legal profession haven't sought to figure out how)

        A liberal is a conservative who's been through treatment. -- Garrison Keillor

        by ogre on Sun Aug 01, 2004 at 07:40:13 PM PDT

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      •  LOL! (none)
        Little white-haired old lady plaintiffs who had to have skin grafts done -- you forgot a very germane part of the characterization, there.

        You didn't read the whole story at the start of this thread, I take it.

        "Often it does seem a pity that Noah and his party did not miss the boat." (Mark Twain)

        by cinnamondog on Sun Aug 01, 2004 at 09:49:29 PM PDT

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